FARMERS INSURANCE COMPANY v. STOUT

16-84-06358; CA A37691.

728 P.2d 937 (1986)

82 Or.App. 589

FARMERS INSURANCE COMPANY of Oregon, an Oregon Corporation, Respondent, v. Evalene STOUT, Appellant, and Rose Fong, Personal Representative of the Estate of Richard James Larson, Deceased, Defendant.

Court of Appeals of Oregon.

Decided December 4, 1986.

Reconsideration Denied January 16, 1987.


Attorney(s) appearing for the Case

Jane N. Bolin, Eugene, argued the cause, for appellant. With her on briefs were Arthur C. Johnson, Claudia F. Ingram and Johnson, Quinn, Clifton & Williams, Eugene.

Thomas M. Christ, Eugene, argued the cause for respondent. With him on brief were Dennis W. Percell and Luvaas, Cobb, Richards & Fraser, Eugene.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


WARDEN, Presiding Judge.

Plaintiff insurance company sought a declaratory judgment that it has no duty to defend the estate of its insured, decedent Larson, or to pay damages to defendant Stout (defendant). Defendant seeks review of the judgment granting the declaratory relief. We affirm.

The facts are not in dispute. Decedent lived with defendant in her mobile home from January to May, 1983.1 He paid half of defendant's mortgage...

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